Suing for faulty product - questions

[CK4500]

My wife hired a company out of Calgary to seal our granite counter tops. The product we purchased was applied by an "authorized applicator" and comes with a "Lifetime Warranty & Maintenance Free!" which guarantees it will never stain. Fast forward 6 weeks and our granite is starting to stain already. Their product appears to be sealing the stains in. The old method we used for removing stains no longer works. The company is aware of our problem, and is FTD on a solution.....I suspect they are waiting for a year to pass by, so they can tell us to take a hike.

My question is this:

When I begin legal proceedings, can I go after the Calgary company only, since they are an "authorized applicator" and represetative of the company/supplier, or do I go after both companies?:dunno:

I am going through small claims court, and I have about 2 weeks to file my statement of claim. (which will be one year since they applied their product. I am told I have only one year to file a statement of claim)

[Mskye]

Who ever has the guarantee.

[CK4500]

Originally posted by Mskye
Who ever has the guarantee.

Well the Calgary company has agreed to fix our problem (they are just taking their time in doing anything), so does this mean they are providing the guarantee?

[Weapon_R]

Name both companies as defendants. The national company will have to move to strike their name, and in the meantime use the time you have to serve to try and negotiate a repair.

[Tik-Tok]

Originally posted by CK4500


Well the Calgary company has agreed to fix our problem (they are just taking their time in doing anything), so does this mean they are providing the guarantee?

Any chance of getting this in writing, or recorded? That way if they try to screw you with the "one year" part of it, you have evidence they knew of it prior to the 1 year.

[CK4500]

Originally posted by Weapon_R
Name both companies as defendants. The national company will have to move to strike their name, and in the meantime use the time you have to serve to try and negotiate a repair.

Yes, I think if I can serve their area representative, that will work for court.



Originally posted by Tik-Tok


Any chance of getting this in writing, or recorded? That way if they try to screw you with the "one year" part of it, you have evidence they knew of it prior to the 1 year.

Well we have quite the email trail. But that's about it. I can ask for something in writing to avoid court, but that's more of a PIA to fight later. I think if I file the claim now, then it's there. It actually gives both of us more time to fix the problem. Just because there is a claim, doesn't mean we can't settle it out of court.

[TomcoPDR]

Originally posted by CK4500
My wife

Pics

[CK4500]

Originally posted by TomcoPDR


Pics

lol
I'll see what I can do!

http://i16.photobucket.com/albums/b5/CK4500/Damn.gif

[derpderp]

I like where this thread is going already.